Searching Content indexed under Litigation, Mediation & Arbitration by Mintz ordered by Published Date Descending.
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Can A Settlement Agreement Be Converted To An Arbitration Award That Is Enforceable Under The New York Convention?
Here is an interesting scenario: the parties to a cross-border commercial relationship have a dispute; they have an agreement to arbitrate;
United States
23 Oct 2019
Calling SCOTUS: Sixth Circuit Re-Establishes Circuit Split Re U.S. Discovery In Aid Of Foreign Commercial Arbitration (28 U.S.C. § 1782)
The U.S. Supreme Court may at last get the opportunity to determine definitively whether a foreign or international private commercial arbitration proceeding constitutes a ...
United States
16 Oct 2019
The Fifth Circuit Adopts An Expansive Reading Of Section 510(b); Subordinates Claim With ‘Equity Characteristics'
In French v. Linn Energy, L.L.C. (In re Linn Energy, L.L.C.), the United States Court of Appeals for the Fifth Circuit addressed the scope of Bankruptcy Code Section 510(b),
United States
10 Oct 2019
Third Circuit Says The FCA Does Not Guarantee A Hearing When DOJ Seeks To Dismiss Declined FCA Cases
The Court of Appeals for the Third Circuit recently weighed in on a relator's right to a hearing where the government moves to dismiss a declined qui tam case
United States
30 Sep 2019
Attacking An Inexplicable Arbitration Award: "Manifest Disregard of the Law" Or Something Else?
What to do with an arbitration award that appears to be fatally internally inconsistent and provides no explanation or reconciliation of the inconsistency?
United States
27 Sep 2019
California Supreme Court Delivers PAGA Win For Employers
In a significant victory for California employers who use arbitration agreements, the California Supreme Court ruled
United States
20 Sep 2019
Eleventh Circuit Rules In AseraCare Case That Disagreements In Clinical Judgment, Without Objective Falsity, Do Not Prove Fraud Under The FCA
On Monday, the U.S. Court of Appeals for the Eleventh Circuit issued its long-awaited and closely watched decision in United States v. AseraCare Inc..
United States
16 Sep 2019
Incorporation By Reference Of A Commercial Contract's Arbitration Clause Can Bind A Non-Signatory Performance Bond Surety
Heads up, sureties! (And all other contracting parties.) Incorporation by reference of the terms of one agreement into another is a classical common law basis for binding
United States
11 Sep 2019
New Convention Aims To Make Mediated Settlements An Attractive Means Of Resolution Of International Disputes . . . But Will It?
The United States joined 45 other countries on August 7, 2019 as the initial signatories of the UN Convention on International Settlement Agreements Resulting from Mediation
United States
4 Sep 2019
Monthly TCPA Digest – August 2019
We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA).
United States
21 Aug 2019
Eleventh Circuit Confirms The FCC's Solicited Fax Rule Is Dead And Reverses Course On Interpretation Of The Hobbs Act In TCPA Appeal
In Gorss Motels, Inc. v. Safemark Systems, Inc., the Eleventh Circuit considered whether two hotel franchisees provided prior express permission to receive faxes from Safemark Systems, the franchisor's affiliate, and, if so, ...
United States
21 Aug 2019
Judge Rakoff Unseals Documents In Petrobras Securities Class Action To Allow Use In Foreign Arbitration, Bypassing Traditional Requirements Of 28 U.S.C. § 1782
Years after Plaintiffs brought a federal securities complaint against Petrobras, and more than a year after the case settled for approximately $3 billion, Judge Jed S. Rakoff
United States
16 Aug 2019
Who Decides The "Class Arbitrability" Issue: Fifth Circuit Joins Consensus That It Is A Court, Not An Arbitrator, But Evidently Missed The Memo From SCOTUS About The Exception
Add the Fifth Circuit to the growing list of Federal Circuit Courts that have decided that "class arbitrability" is a gateway question for a court, rather than an arbitrator
United States
7 Aug 2019
The Arbitration Section In Your Employee Handbook Is Not An Agreement to Arbitrate
Federal law nowadays certainly favors enforcement of agreements to arbitrate. But generally applicable state contract law determines contract formation – i.e
United States
1 Aug 2019
SDNY Judge Rules Agreements To Arbitrate Sexual Harassment Claims Are Enforceable, Despite New York Law
A New York Federal District Court Judge ruled last week that an agreement to arbitrate sexual harassment claims is enforceable despite a New York law prohibiting mandatory arbitration agreements
United States
17 Jul 2019
Whose Game Is On? Carrie Underwood And NBC Sued Over SNF Song
As any football fan knows, Carrie Underwood has performed the introductory song for Sunday Night Football since 2013.
United States
17 Jul 2019
Application To Compel Arbitration Under New York CPLR 7503: What Does It Mean To Be "Aggrieved"?
A party aggrieved by the failure of another to arbitrate may apply for an order compelling arbitration.
United States
21 Jun 2019
The Bubbler - June 2019
The court's ruling serves as an illustration that noncompliant practices can have very costly effects on employers.
United States
21 Jun 2019
The International Trade Commission Has Broad Jurisdictional Authority, Including Indirect Sellers
On April 26, 2019, Administrative Law Judge ("ALJ") Lord clearly stated in Certain Intraoral Scanner and Related Hardware and Software that the International Trade Commission's ("ITC")
United States
17 Jun 2019
Azar v. Allina: Supreme Court Decides Important Case On When CMS Must Use Formal Rulemaking When Instructing Medicare Contractors
On June 3, 2019, the U.S. Supreme Court issued a decision in Azar v. Allina Health Services. The case involved a challenge by hospitals over whether the Department of Health and Human Services
United States
13 Jun 2019
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